Sunday, February 24, 2019

Verrückt Postscript: Kansas Dropped Charges & Caleb Schwab Decapitation Documented

Sadly, Kansas City media want to keep the public stupid when talking about the Schlitterbahn case and why it's so important. Accordingly, this Internets journalism story tells the tale better than any other local outlet because it offers context that's not allowed among far too polite local outlets. Checkit:

A Judge Dropped Charges Against The Owners Of The Waterslide That Decapitated A 10-Year-Old Boy

A Kansas judge dropped charges Friday against the owners of the world's tallest waterslide after a child was decapitated on it, local media reported. Caleb Schwab was just 10 years old when he was killed while riding the 168-foot-tall "Verrückt" slide in Kansas City's Schlitterbahn water park in 2016.

22 comments:

Anonymous said...

Welcome to Kansas--stupidity everywhere--in business AND government. Can't build a proper slide; can't prosecute a proper case.

Useless Eater said...

Where's the outrage

Anonymous said...

A case of revenge gone bad, it was an accident plain and simple. Clearly an abuse of power because this would never have gotten this far if it hadn’t been a politicians kid.

Anonymous said...

This prosecution was only done because the boys father and AG are politically connected. The family got $20M for negligence. on part of the water park.

chuck said...

As bad as it was and Jesus was it bad, there is no Mens Rea criminal intent. There would have to be evidence of premeditation, like an email that mentioned how dangerous it was from an owner to a manager.

The sonic wails from Social Media are an emotional response due to the horror of the tragedy.

There seems to be (Although I have not read everything written.) a surfeit of ignorance and a dearth of intelligence with a thick slathering of irresponsibility that should equal a huge cash settlement, but, not jail time.

You don't go to jail for being a dumb fuck (Cue all my haters/fans right here.).

Anonymous said...

Where's the kids head?

Anonymous said...

Cue the sexy, sensuous, and always mysteriously alluring Tracy in 3-2-1.....

Anonymous said...

chuck sounds like he just watched Legally Blonde and found a new big boy word to use (latin no less) to sound smart. Don't worry chuck, I agree with your point.

Anonymous said...

the only crime is the parents letting a kid on an adult ride

Anonymous said...

10:25 is spot on correct. The parents got 20 million to ease their stupidity.

chuck said...

Mens Rea is a phrase used frequently on cable news every week when talking heads are discussing litigation. My Jesuit education was untested, you could pick it up, nodding off on the couch.

Aut Imiteris Aut Oderis.

Anonymous said...

OK Chuck now you're just showing off. We all know that means "woman get me another beer"

DeBergerac said...

But Chuck, the MPC (Model Penal Code, but of course you know that) section 2.02(2) includes the following as one definition of the existence of Mens Rea...

Negligently: a "reasonable person" would be aware of a "substantial and unjustifiable risk" that his conduct is of a prohibited nature, will lead to a prohibited result, and/or is under prohibited attendant circumstances, and the actor was not so aware but should have been.

So couldn't the testimony that Mr. Henry received reports of failures and ordered construction to proceed in order to finish the ride in time for the filming constitute the existence of Mens Rea regarding injury or death?

Of course, we ARE dealing with the American Legal System, so what we're seeing in more probably just an instance of "Aurum Potestas Est"

chuck said...

11:10

Nice!

In my defense (Your Honor.) I am merely a layman expressing his version, of his/my understanding of "Criminal Intent".

:)

The field and the day is yours.

Anonymous said...

It was all done with fun and best intentions. Money is the only available recourse and it has been applied.

DeBergerac said...

Chuck, I claim no "honor", since a sense of that might prohibit me from doing what I feel necessary.

I'm just a High School grad (barely) with autodidactic tendencies, but I did have my Latin beaten into me by a Jesuit.

No contests, simply discourse with respect. Agreed?

Anonymous said...

All ye who see this bow down and pay homage to the always all knowing Chuck.

chuck said...

“Well when I write my book, and tell the tale of my adventures--all these little stars that shake out of my cloak-- I must save those to use for asterisks!”

:)

Anonymous said...

11:10, that might be true, but only if the failures that were reported were the cause of the injury. I suppose if enough failures of different kinds were reported and ignored, a prosecutor could argue that the structure was completely unsafe for all purposes. But didn't thousands of people use it without serious incidents of harm?

Anonymous said...

Never ride in a raft with only two fat girls sitting in the back and your skinny ass up front.

Anonymous said...

Would you ride a roller coaster that has catch nets over the track ?

Anonymous said...

That ride's flaws were well known and were also the reason why it was so popular.

Bottom line is the Schwab's wanted another pound of flesh of Schlitterbahn and Derek Schmidtt tried to get it for them.

Wonder how much of that $20 million financed Schwab's campaign?